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ANIMAL RIGHTS EXTREMISM: GOVERNMENT STRATEGY A Consultation Document 21104 i ———— SS 4 | | _o Pati TY | j Excaa sesersregeu ante | HME ANIMAL RIGHTS EXTREMISTS: CONSULTATION DOCUMENT FOREWORD The Government is committed to doing whatever is necessary to help the police tackle violent animal extremists. There are already tough laws in place to protect business and individuals from violent or threatening protests, and we are looking to strengthen these further to give the police additional powers to ensure that business and individuals can go about their lawful business without fear of violence or imitation. It cannot be right that lawful and legitimate activities are damaged by violence and intimidation. Some people object to the use of animals in scientific experiments, and would like to see an end to such use. But this cannot be done without halting important areas of medical and scientific research. The development of new drugs, and medical and veterinary technologies which help to reduce suffering and prevent large-scale infections among humans and animals, continues to depend on this use of animals. We recognise the need to promote and protect the welfare of such animals. The use of animals in experiments and other scientific procedures is strictly regulated by the Animals (Scientific Procedures) Act 1986, which is the most rigorous piece of legislation of its type in the world. It offers a high level of protection to animals, whilst recognising the need to use animals in research. It also requires the latest ideas and technology to be taken into account when deciding whether the use of animals is strictly necessary. The measures we are proposing to prevent intimidation would allow the police to take action to prevent extremists from protesting outside people's homes; will strengthen the law against the sending of malicious communications and make this an imprisonable offence; and will help protect the home addresses of company directors subject to violence or intimidation. We are also providing advice to shareholders and employees on protecting their home addresses and on personal security. In addition, we have consulted closely with the police service, the Crown Prosecution Service and the courts to achieve an effective and consistent approach to enforcement of the law in this area. The attached document, on which comments are invited: e sets out the current legal framework for dealing with violence and intimidation; e notes the Government's current proposals for changes in the law; e sets out advice on good practice in enforcement to the police service and CPS; and ¢ provides advice on personal safety for employees and shareholders in vulnerable companies. \ OME | out | | INFOR Bem 8“ kL QVICE | , J 7 i Sor oo } : MY i i i. +egnnupod MOI AT LueOD: 2 a Bes navman dhf e oO atipvaderte: prob. at Paige ye oar ; ia saa at awat dyuot Wires 018 stl gene leo “ne yeimeots “(210 taslety wont a Bais Reeatn jeegr)| oy 7 Waha lavtyi Siaes 2 oO W OiFn ebtr sA l 2Tho9rny I{ ' tYee ea eadn) cdeet Adyiotn!o d Wora 3 prsodvsi oS a oF > oan) I wan watRittnel bak wel Yow ‘ t‘,f t’ ThC Jivtitt it leirnhietiins FFoh e sewrrih se t 4 ode t of S‘H wAeRes ’ ‘j ,! % Qfid Gi ‘.. wee +7 i ‘a say cuM 7 3 wen ’ \ ; ’ , iO 2 OTA CON WD Reet priser! oi eee , ry! greegrit sotbey of (imu on os ROmy il | eb of voter ad .chetea bad pepial'p at : { 4 PWT 5 ote pealo f H vied * % : t ,Yv<) 7 ft Wy 4 f 7 ? t , i 4 J274% m}o Litthe s ‘wale ' > ay if re| le nmi J es ; i if ; ry Fer Sls eh rt Wieryog THN | *! f j 5 : : crits * s C De ify { i“ WJ ? a i 5: ‘i's (sake 16 fT rb : ped | ort Sr C7 Gee Were , ‘ ' Tress iy 7a ot |,¥ oa, *1)* AVA" > eSwei f) if iv rrr itty Ae eye Sith ' } i, nae ‘ ; , i } HF dy . Cyt ii) fi’? fis2 { » it cast i < singh j prz4ty H yl OE Pps| A fos : r ! eH wi y ‘ 0h MISi Lh [ ihj ’ iG‘ : nrtyC ie aes a ecseyai te Y (soaF e ee? Pan | ee 8 er sy 3 ba 7 sa |c ftesi { Is uem t Ihf n Vitisye aAlL woP Fis “dhe aq: ‘P POGS_T O ‘, Th S athena Ips Aisemass OC! ath3 ; Hor, 2th Eroramonahse ut sony Bag, He sonal tue a at atuithoniovs GreatZ S hl ay ga mane he wiv « We should be grateful for your views on whether the current proposals go far enough in dealing with the problems of violence and intimidation by extremist groups, or whether further changes are necessary or desirable? Secondly on whether the guidance provided is adequate, or whether further issues need to be addressed? Finally any other ideas for dealing with problems of intimidation will be gratefully received and carefully considered. I should be grateful for all comments to reach us by 27 April 2001. Please send these to: Action Against Crime and Disorder Unit, Home Office, Room 540, 50 Queen Anne's Gate, London SW1H 9AT. MIKE O'BRIEN MP Parliamentary Under-Secretary of State Home Office March 2001 Lapicet él ont Maeonporay Sarornay any waned, 176 eusiv wor 1h hit’o d efesry ferieernxo ve sotsluaia bere swstely to amotdeng st Atw, oaaanl) vainedy ny Buty “? Callaizeh ww ‘“evevsen om eogaui> 1 ‘haacbhe wl mm boda xoweal eyirt roi=t hA trWi w FqOo tlcuaslsyu poobte aszsih i wrdeiorig Vv tatrweta of line ma inherit to worst berrobiacie ditto j \ « wean) See oO A Hy acta. TC vel oy ord «an eWay (ig rot eanha . 7 > ) amo!t tind sabadert tae sath raniag —a e 3.71 24%, TAC HIWe wobnal, wis 2 oe ©, Pais i ; ce A » les MEASURES TO COMBAT ANIMAL RIGHTS EXTREMISTS: LEGAL FRAMEWORK Principles e Enforcement of the criminal law is an operational matter for the police; officers dealing with individual situations must consider whether offences are being committed and when enforcement action is necessary and justified; e Police must balance the right to protest peacefully with the need for enforcement when protest activities become intimidating or threatening; e Both legislators, in drafting new provisions, and the police in enforcing them, must also now have regard to the Human Rights Act, which protects rights to freedom of speech and assembly; e The Government fully supports effective enforcement action against protests which become threatening or intimidatory, and against extremist action. Existing Provisions which can be used to tackle protest activities carried out by animal rights extremists Public Order Act 1986 Contains a range of offences aimed at preventing harassment, alarm or distress to individuals, ranging from riot to relatively low level harassment. The behaviour of the offender must be threatening, abuse or insulting, and likely to cause harassment, alarm or distress: this is unlikely to catch behaviour which is non-threatening but which might be seen by some as amounting to intimidation. Can be applied in respect of demonstrations at which abusive or threatening language is used, or in cases of individual actions which is likely to cause alarm. There does not have to be a specific victim, only the likelihood that persons present would be caused harassment, alarm or distress. Likely to be a range of interpretation by the police on when behaviour crosses the threshold of insulting or threatening behaviour. Unlikely to apply to protests which are merely noisy. Section 14 enables the police to impose conditions on public assemblies of 20 or more people. Can be used effectively for larger demonstrations. It is an offence to knowingly fail to comply with such conditions. Protection from Harassment Act 1997 The Protection from Harassment Act 1997 provides a criminal offence if a person pursues a course of conduct which they know, or ought to have known, causes another harassment. This offence carries a penalty of a maximum of six months' imprisonment and/or a level five fine. The Act also provides for a second criminal offence for those cases where a person pursues a course of conduct which they know, or ought to have known, causes another to fear that violence will be used against them. It carries a penalty of a maximum of five years' imprisonment and/or an OTAMANTLA BTUOIA GAMMA TARMOD OTS A280 HUMANA lt tetera Lares ge a wet Lesa “lt lo tO Zz Ch ee 4d we avendlio rere “eons Jeet anyttedtia Levbivibas ee hee yry ue 2b| novtae Inpatsaolas nodw hae eeB ide ] : si) nay Hitssd es | te Sea OF ian bt Ab sie led eit Te 10 erat Wee jut gartivilos ws wilod sd bm zine wa yolew ditch erat sith Age I pamvl sd ot Sony oval wood vidoes bre dogede ait: nibseniees avoosttey evoeddt vin) med Ha races ‘1 i 4 0 30963 4! 30929 oa MG : Tare: it yy 7) é s rte i cs ' fp * ‘ 7) ! ? { , , fay rt : ‘ ‘ met f ‘ih ha 4 ; , , : iW! : yf 1 hy rain Mis (i ; 2) ; f } J " ef iy ‘ 4 | box 4 biesr oA 214 - ry n ety HTT a} iF Tit ' yaa7 " Signi! wera eniiotsagul? 1 anitlvent to oI : f2ion Vision 35 St f tig ae Sod To BUTS Bons Ol 3207 off! 2uleage “ @ = Aiton wae wt yisviissits bows od tiboee foue tw viqmos O14 THet 227 Iemma nome 6 Hh conte lcuimiyy. np esbivurg TOC! A bromecsiaH oe, tim ony) word year of Migwo ey worl (od) dosthy toebnoot s see aie le YO tomer 2 to vires 8 ere sonsfto. aiiT hantiniey De isan Rl eoberiag oett DA off avi ev? level @ to\bam® cd vadiskbabw Jovdno Yo se18e & eoumed poets nn odW gen wen or tories Gon ot iw sorsoie toll weet at itliast coowms aoword ove < phesaastnes: sey atinmes Mbdasb emeysaches t gig. ts vo a | ie 5 . fh _ ey Laisa = ' a . be ay % _ a i pl oe ; 7” —— * 7 i , h¢- ‘ > say . Zz — afa P y! ¢ Py viedaa ma / ce> l nae “a wer Pe ‘ o; at ria at an ~ » a : _ (a as : ilies - - - a ¥) Oi. Z unlimited fine. A restraining order, available from the criminal court, will prohibit further harassment or conduct which causes fear of violence. A breach of a restraining order is a criminal offence, punishable by up to five years in prison. The Act also provides a civil injunction, breach of which is an arrestable criminal offence. Criminal proceedings under the Act Criminal proceedings rely on the effect the offences have on the victim, and so can deal with a series of incidents carried out by one person against another, which, alone do not constitute a criminal offence, but where the effect of the persistent conduct is considerable. There is a need to identify one, named offender for each offence, and the Act requires that a course of conduct can be shown on the part of the offender. It is not therefore suitable for one-off incidents. Civil proceedings under the Act Civil orders may be taken out by individuals or companies which are subject to harassment. This allows a restraining injunction to be issued before waiting for any criminal offence to be proved. There is a need to identify named individuals to whom any injunction applies. Crime and Disorder Act 1998 Anti-social behaviour orders The anti-social behaviour order is designed to protect the community from the actions of an individual or individuals who cause harassment, alarm or distress through anit- social behaviour to one or more persons not in the same household as the defendant. The order prevents the defendant from doing anything specified in it. A breach of the Order attracts stiff penalties of up to five years' imprisonment. The measure is intended to combat serious and persistent anti-social behaviour. This measure would send a clear message from a court of law that the behaviour of the defendant is not acceptable. One or more staff (eg managers or security guards) could give evidence on behalf of other staff about the harassment caused. There is a need to identify one, named individual for each order. The behaviour would have to be anti-social and cause distress to the victim, and so is likely to be unsuitable for use in genuinely peaceful and orderly gatherings. The Order is limited to a certain local government area and may be extended only to adjoining local government areas. stellar Hiw ona fermi off sot vidslieve zobso acrinitanti Ayo sanahoy Poa? avenno dotiw eben ly ieeeps > eee ‘ ui atnoy ovfl on on Vebuldedsine) sonciio lanizaiso 8 of yet gQalOMrpene e . je a uate le toad ,coloneyi fivio » eehivory ols toa od, oth) hn eo eiae ath fo oved voondtto sii jostto « no tai wetti Oe On * M i da orton Yaniens ot | Uh oo te bytriie Bkt yoni bestsa e ToC Sy) q Fe ed ee ont ese TE) ’ ORO carer? nas a } fe tees woh mhesfico harean orl Weir a Boon Bb oe edt ae en, i. 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